Financial Provision for Children (Schedule 1 Children Act Claims) Financial Provision for Children (Schedule 1 Children Act Claims)

Applications are made against a parent who has financial resources.

The child must be in England or Wales or have a sufficient connection here. A child over 18 may apply in specific situations, for example while in further education or where there are special circumstances.

What can the Court do?

The Court has flexible powers to meet a child’s needs:

• Periodical payments (maintenance): Regular payments for the child. Where the CMS has jurisdiction, the Court can only make limited maintenance orders, for example for school fees, disability costs, and “top-up” maintenance where income exceeds the CMS maximum.
• Secured periodical payments: Regular payments backed by security over assets to protect against non-payment.
• Lump sums: One-off payments for defined needs, such as furniture, a car, a computer.
• Settlement or transfer of property: Providing a home for the child, often on a trust basis so the property reverts to the paying parent when the Order ends.
• Interim orders: Short-term maintenance or lump sums to meet immediate needs pending a final Order.
• The Court can also make orders to help fund legal costs in appropriate cases where necessary to enable the application to be fairly pursued.

Key Factors the Court Considers

The Court considers all the circumstances but factors include:

• the financial resources, income and earning capacity of each parent, now and in the foreseeable future
• the financial needs and obligations that each parent has or is likely to have in the future
• the financial needs of the child
• the standard of living the child would have enjoyed if the family had stayed together
• any physical or mental disability of the child
• the manner in which the child is being, or is expected to be, educated or trained

Typical Scenarios

• Unmarried parents: Housing and maintenance where parents never married
• High net worth: “Top-up” maintenance beyond the CMS maximum, private school fees, extracurricular costs, travel, and a higher housing budget aligned with the paying parent’s wealth
• Housing provision: A property purchased or provided for the child and primary carer until a specified age or event, then returned to the paying parent
• Special needs: Enhanced maintenance, equipment, therapies, transport, and adapted housing.

General Procedure

• Pre-action steps: Take advice early. Exchange basic financial information and explore mediation or negotiation where safe and suitable. Consider making a CMS application for baseline maintenance.
• Issue the application: The application needs to be completed and sent to the Family Court.
• Evidence and disclosure: Each side gives financial disclosure, usually with bank statements, pay slips, tax returns, company accounts, property details, budgets, and evidence of the child’s needs. Expert valuation evidence may be needed for property or business interests.
• Hearings: The Court will list a first directions appointment to manage disclosure and issues, followed by a negotiation hearing, and a Final Hearing if settlement is not reached. Interim hearings can address urgent funding or housing.
• Settlement and mediation: Many cases settle by way of a Consent Order after mediation or solicitor-led negotiation.

Duration, Variation, and Enforcement

• Duration: Maintenance typically runs until the child is 18 or finishes full-time secondary education, whichever is later. Housing provided under a settlement or transfer usually reverts to the paying parent when the Order ends, for example on the child’s 18th or 21st birthday or the end of education, depending on terms.
• Variation: Orders can be varied if circumstances materially change, for example income changes, new needs, or changes to education.
• Enforcement: The Court can enforce an Order by way of a number of methods if there is non-compliance.

Practical Tips

• Focus on the child’s needs: Build a clear, realistic budget covering housing, utilities, food, clothing, childcare, transport, education, activities and contingencies.
• Consider the CMS: Obtain or update a CMS assessment to establish the baseline maintenance position.
• Be proportionate: Keep claims targeted to the child’s needs and your realistic housing and living requirements. The Court will look at affordability and fairness.
• Think about housing structure: Properties provided under Schedule 1 commonly revert to the paying parent at the end of the term. Plan for the long term.
• Manage costs and risks: Litigation involves legal costs and uncertainty. Explore mediation and negotiation early. Keep disclosure complete and timely to aid settlement and reduce expense.
• Update as life changes: If circumstances change, seek advice promptly about varying an Order rather than allowing arrears or shortfalls to build up.